Texting customers feels simple. You type a quick message, hit send, and move on with your day. But behind that casual interaction sits a complex web of laws designed to protect people from spam, harassment, and unwanted marketing.
Most businesses don’t set out to break the rules. The violations happen quietly, in the rush of daily work. Someone adds a number to a list without checking how they got it. A marketing message goes out to people who only signed up for appointment reminders. A team member forgets to include an opt-out link because they’re in a hurry.
These small decisions can trigger serious consequences. Fines for messaging violations aren’t gentle warnings. They can run into thousands of dollars per text, and they add up fast when you’re sending messages in bulk.
The good news is that messaging compliance doesn’t require a law degree or expensive software. It comes down to building a few simple habits into your daily routine. Think of it like food safety in a restaurant. You don’t need to reinvent your menu. You just need clear steps that everyone follows every single time.
This article walks through the most common messaging compliance mistakes and shows you exactly how to avoid them. You’ll learn what consent really means, how to handle opt-outs properly, and which details to include in every message you send. These aren’t theoretical concepts. They’re practical choices you can start using today to keep your texting legal, respectful, and effective.
Assuming a customer’s number means you can text it
Just because someone gave you their phone number doesn’t mean you can text them marketing messages. This might be the single most common messaging compliance mistake businesses make, and it’s surprisingly easy to fall into.
Think about it this way. When a customer books an appointment or places an order, they share their number so you can confirm the time or update them on delivery. That’s a service communication. They expect it, and it’s directly tied to something they asked for.
Marketing texts are different. A promotional message about your weekend sale or a new product launch needs explicit permission. That permission is called consent, and it has to be clear and specific.
Real consent looks pretty straightforward. It’s a checkbox on your website that says something like “Yes, send me special offers by text.” It’s a form where someone types their number and clicks “Sign me up for deals.” It’s a text message where the customer replies with a keyword like JOIN or YES after you’ve explained what they’re signing up for.
What doesn’t count as consent? A phone number from an invoice. A number pulled from your reservation system. Someone mentioning their number in conversation. Even if a customer said “Sure, you can text me sometime,” that vague verbal agreement is risky and often won’t hold up if challenged.
Here’s a common scenario: a small salon team pulls phone numbers from their booking software to announce a flash sale. They figure everyone’s a customer already, so it’s fine. But those customers never agreed to promotional texts. Some will be annoyed. A few might report it. Suddenly you’re dealing with complaints and potential fines over something that seemed harmless.
The bottom line is simple. Having a number and having permission are two completely different things.
Not keeping proof of consent and message history
Getting consent is one thing. Being able to prove you got it months or years later is another. This is where many businesses trip up, even when they’ve done everything else right.
Here’s the problem: customers sometimes forget they opted in. They might file a complaint saying you’re spamming them. Or your mobile carrier might run an audit and ask you to show proof that everyone on your list actually agreed to receive texts. If you can’t produce that evidence, you’re in trouble even if the consent was real.
The same goes for message content. If someone claims you sent something inappropriate or misleading, you need to show exactly what you actually sent. Without that record, it’s your word against theirs.
Common ways businesses lose this proof are surprisingly simple. Paper opt-in forms get misplaced or thrown out. Staff members use their personal phones to text customers, and those conversations disappear when they leave. Companies switch from one texting platform to another without exporting their old data first.
The fix doesn’t need to be fancy. Keep copies of opt-in forms, whether they’re digital checkboxes or paper sign-ups. Note the date and method someone gave consent. Save a record of what messages you actually sent and when. If you’re using a texting platform, make sure it logs this information automatically and that you know how to access it.
Think of it like keeping receipts. You might never need them, but when you do, you really need them. A simple filing system beats perfect memory every time.
Making opt-outs hard or ignoring them by accident
A clear opt-out is simple. It tells people exactly how to stop receiving your messages, usually with something like “Reply STOP to unsubscribe” or “Text STOP to opt out.” The key word here is simple. If someone has to visit a website, dig through account settings, or remember a complicated phrase, you’re making it too hard.
The law expects opt-outs to work immediately and without friction. That means when someone replies STOP, your system needs to recognize it and stop texting them right away. Not tomorrow. Not after someone manually checks the inbox.
Here’s where things go wrong in real life. Maybe your texting platform doesn’t recognize common variations like “Stop,” “Unsubscribe,” or “Remove me.” Or maybe you’re using multiple tools that don’t talk to each other. Someone opts out in one system, but they’re still on a list in another.
Picture this: a customer replies STOP to your weekly promotional texts. Your marketing platform removes them. But two weeks later, they get a bulk message about a sale because your team also maintains a separate list in another tool. That customer didn’t magically change their mind. Your systems just weren’t synced.
Manual texting creates another problem. If your staff sends messages from their own phones or responds individually, those opt-out requests might never make it into your main system. Someone tells Sarah in sales to stop texting them, but the automated marketing messages keep coming because nobody updated the database.
The fix is making sure every opt-out, no matter where it happens or how it’s worded, gets processed everywhere at once.
Texting at the wrong times or too often
A text message feels more intrusive than an email. It buzzes in someone’s pocket during dinner, wakes them up at night, or interrupts a meeting. That’s why timing and frequency aren’t just about being polite—they’re part of staying legally compliant and keeping customers from hitting the unsubscribe button.
Many small businesses fall into predictable traps. Sending a promotional blast at 10 p.m. because that’s when you finally got around to it. Texting daily reminders for an upcoming sale until customers feel spammed. Forgetting that your customer list spans multiple time zones, so your 9 a.m. message lands at 6 a.m. for someone else. Running a last-minute flash sale with three texts in two hours. These patterns don’t just annoy people—they can trigger complaints and regulatory scrutiny.
The simplest way to think about reasonable texting is to match what the customer signed up for. If someone opted in for appointment reminders, they’re not expecting nightly promotional offers. If they agreed to sale alerts, one or two texts about a big event makes sense. Five texts in a day does not.
Ask yourself: would I want to receive this message at this time, this often? If you’re hesitating, that’s your answer. Spacing out messages, respecting quiet hours in your customers’ time zones, and limiting how many texts you send in a short period all help you stay on the right side of both the law and common sense. When people feel respected, they stay subscribed and keep engaging.
Mixing service updates with marketing in the same thread
Here’s a trap that catches even experienced teams: you send a perfectly legitimate service message, then tack on a quick promotional line at the end. It feels harmless. After all, you’re already texting the customer, so why not mention a sale?
The problem is that these two types of messages live under different rules. Service updates—like appointment reminders, shipping notifications, or order confirmations—are generally allowed because the customer expects them. They’re part of doing business together. Marketing messages—like discount announcements or new product alerts—require explicit consent because they’re trying to sell something.
When you blend them together, you’re essentially turning a service message into a marketing one. That “Your prescription is ready for pickup” text is helpful and expected. But “Your prescription is ready—plus save 15% on vitamins this week” crosses into promotional territory. Now you need to make sure that customer actually agreed to receive marketing texts, not just transactional updates.
This happens all the time in support conversations too. A customer texts asking about their order status. Your team answers the question, then adds “By the way, we’re running a flash sale tonight.” That second part needs consent, even though the first part was perfectly fine.
The key is keeping these message types separate. If someone only signed up for delivery notifications, stick to delivery notifications. If you want to send them promotions later, get their permission first through a proper opt-in. It’s not about never sending marketing texts—it’s about being clear what people agreed to receive.
